Neutral Citation No. - 2025:AHC:89103 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16550 of 2025 Applicant :- Kamlesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankit Pandey,Deepak Gaur Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 09.05.2025 but none is present on behalf of the informant. 2. Heard Sri Deepak Gaur and Sri Ankit Pandey, learned counsels for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 130 of 2025, under Sections 65(1), 115(2), 123, 127(2), 143(1)(b) and 3(5) of BNS and Sections 5(L)/6 of POCSO Act and Section 3(2)(V), 3(2)(Va) of SC/ST Act, Police Station Karari, District Kaushambi, during the pendency of trial. 4. As per prosecution story, the applicant along with co-accused Karmveer is stated to have come to the house of the victim whereby it was told by them that they have purchased her for Rs.5 lacs from her parents and was given food by them whereby she was rendered unconscious and she gained consciousness in the house of co-accused Karmveer and was forced upon by him. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. 6. Learned counsel has also stated that there is no allegation of rape assigned to the applicant. The only allegation against the applicant is that he had come alongwith co-accused Karmveer. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 15.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that there is no allegation of rape assigned to the applicant, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Kamlesh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 26.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad